IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

AMERICAN VEHICULAR SCIENCES LLC, Plaintiff, v. TOMTOM, INC., TOMTOM INTERNATIONAL B.V., TOMTOM N.V., AND MAZDA MOTOR OF AMERICA, INC. D/B/A MAZDA NORTH AMERICAN OPERATIONS,

Defendants.

Civil Action No. _____________

JURY TRIAL

PLAINTIFFS ORIGINAL COMPLAINT Plaintiff American Vehicular Sciences LLC (AVS) files this Original Complaint for patent infringement against Defendants TomTom, Inc. (TTI), TomTom International B.V. (TTIBV), and TomTom N.V. (TTNV) (collectively, TomTom Defendants or TomTom) and Mazda Motor Of America, Inc. d/b/a Mazda North American Operations (Mazda). PARTIES 1. Plaintiff AVS is a limited liability company existing under the laws of Texas with

its principal place of business at 6136 Frisco Square Blvd., Suite 385, Frisco, Texas 75034. 2. On information and belief, Defendant TomTom, Inc. is a Massachusetts

corporation with its principal place of business at 150 Baker Ave., Concord, Massachusetts, 01742.

3.

On information and belief, Defendant TomTom International B.V. is a Dutch

corporation with its principal place of business at Oosterdoksstraat 114, 1011 DK Amsterdam, The Netherlands. 4. On information and belief, Defendant TomTom N.V. is a Dutch corporation with

its principal place of business at Oosterdoksstraat 114, 1011 DK Amsterdam, The Netherlands. 5. On information and belief, TomTom, Inc. is a wholly-owned subsidiary of

TomTom International B.V. 6. On information and belief, TomTom International B.V. is a wholly-owned

subsidiary of TomTom N.V. 7. 8. On information and belief, TomTom N.V. is a publicly held corporation. On information and belief, Defendant Mazda Motor Of America, Inc. d/b/a

Mazda North American Operations is a California corporation with its principal place of business at 7755 Irvine Center Dr., Irvine, CA 92618. JURISDICTION AND VENUE 9. This is an action for patent infringement under the Patent Laws of the United

States, 35 U.S.C. 271. 10. 1338(a). 11. This Court has personal jurisdiction over TomTom and Mazda. On information This court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and

and belief, TomTom and Mazda, either directly or through intermediaries, regularly sell products and services into this judicial district and manufacture products intended to be sold and in fact sold into and within this judicial district. Additionally, on information and belief, this Court has

personal jurisdiction over TomTom and Mazda because TomTom and Mazda have committed and/or participated in the commission of acts within this judicial district giving rise to this action. 12. Venue is proper as to all defendants in this judicial district under 28 U.S.C.

1391(b) and 1400 (b). SUMMARY 13. Dr. David Breed is one of the leading inventors in the field of automotive

technology in the world today. 14. Dr. Breed is an inventor on more than 300 United States patents relating to

automotive technologies, including airbags, navigation systems, vehicle diagnostics, crash sensors, vehicle communications, systems monitoring, theft protection, and collision avoidance. 15. Dr. Breed has a Ph.D. in Mechanical Engineering from Columbia University as

well as Bachelors and Masters degrees from the Massachusetts Institute of Technology. 16. Dr. Breed has received the National Highway Traffic Safety Administration's

Award for Safety Engineering and the prestigious H.H. Bliss award for his contributions to the development of the airbag. 17. Dr. Breed is a member of the Tau Beta Pi and Pi Tau Sigma engineering honors

societies and has published numerous peer-reviewed articles. COUNT I: INFRINGEMENT OF U.S. PATENT NO. 8,630,795 18. 19. AVS incorporates the foregoing paragraphs as if fully set forth here. On January 14, 2014, the USPTO duly and legally issued United States Patent No.

8,630,795 B2 (the 795 Patent), entitled Vehicle Speed Control Method and Arrangement.

AVS owns the 795 Patent and holds the right to sue and recover damages for infringement thereof. 20. On information and belief, TomTom has been and now is directly infringing the

795 Patent in the state of Texas, in this judicial district, and elsewhere within the United States by, among other things, making, using, offering for sale, selling, and/or importing: (1) portable navigation systems including but not limited to the TomTom Go-Series Navigation System, the TomTom Start-Series Navigation System, and the TomTom Via-Series Navigation System (collectively, the Accused TomTom Portable Systems); (2) in-dash navigation systems manufactured for installation and use in various Mazda vehicles, including but not limited to the Mazda NB1 Navigation System (the Accused Mazda In-Dash Systems); (3) in-dash navigation systems, including but not limited to the TomTom Navigation System for the 2013 Subaru Forester 2.5 X Premium (the Accused Subaru In-Dash Systems); all to the injury of AVS. TomTom is thus liable for infringement of the 795 Patent pursuant to 35 U.S.C. 271. 21. On information and belief, the 795 Patent is also infringed by the consumers who

use TomToms navigation software applications for use with various Apple and Android handheld devices, including but not limited to the TomTom App for iPhone and iPad and the TomTom App for Android v1.0. 22. On information and belief, the Accused TomTom Portable Systems include, but

are not limited to, the following product models: Go 2535 TM WTE, Go Live 1535 M, Start 40 M, Start 50, Start 50 M, Start 55 TM, Via 1405 M, Via 1435 TM, Via 1505 M, Via 1505 M WTE, Via 1535 TM, Via 1605 M, Via 1605 TM.

23.

On information and belief, TomTom manufactures, sells, imports and/or supplies

the Accused Mazda In-Dash Systems, including but not limited to the Mazda NB1 Navigation System, exclusively for Mazda for assembly and use in the various Mazda vehicles. 24. On information and belief, Mazda has been and now is directly infringing the

795 Patent in the state of Texas, in this judicial district, and elsewhere within the United States by, among other things, making, using, offering for sale, selling, and/or importing vehicles, including but not limited to the 2013 CX-5, 2013 CX-9, 2013 MAZDA3 4-door, 2013 MAZDA3 5-door, 2013 MAZDA6, 2013 MAZDASPEED3, 2014 CX-5, 2014 CX-9, 2014 MAZDA3 4door, 2014 MAZDA3 5-door, and 2014 MAZDA6 vehicles (the Accused Mazda Vehicles), that have the Accused Mazda In-Dash Systems, including but not limited to the Mazda NB1 Navigation System, that infringe one or more claims of the 795 Patent, all to the injury of AVS. Mazda is thus liable for infringement of the 795 Patent pursuant to 35 U.S.C. 271. 25. On information and belief, TomTom has manufactured, sold, imported and/or

supplied the Accused Subaru In-Dash Systems, including but not limited to the TomTom Navigation System for the 2013 Subaru Forester 2.5 X Premium, exclusively for Subaru assembly and use with certain 2013 Subaru Forester 2.5 X Premium vehicles. 26. As a result of its infringement of the 795 Patent, TomTom and Mazda have

damaged AVS. TomTom and Mazda are liable to AVS in an amount to be determined at trial that adequately compensates AVS for the infringement, which by law can be no less than a reasonable royalty. 27. As a result of TomToms and Mazdas infringement of the 795 Patent, AVS has

suffered and will continue to suffer loss and injury unless TomTom and Mazda are enjoined by this Court.

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At least as early as their receipt of this Complaint, TomTom and Mazda have had

knowledge of the 795 Patent and written notice of the infringement. 29. AVS intends to seek discovery on the issue of willfulness and reserves the right to

seek a willfulness finding against TomTom and Mazda relative to pre-suit infringement and/or post-suit infringement of the 795 Patent. PRAYER FOR RELIEF WHEREFORE, Plaintiff AVS pray for the following relief: 30. patent; 31. A permanent injunction, enjoining TomTom and Mazda along with their officers, A judgment in favor of AVS that TomTom and Mazda have infringed the 795

directors, agents, servants, employees, affiliates, divisions, branches, subsidiaries, and parents from infringing the 795 patent; 32. A judgment and order requiring both TomTom and Mazda to pay AVS damages

for their infringement of the 795 patent, together with interest (both pre- and post-judgment), costs and disbursements as fixed by this Court under 35 U.S.C. 284; 33. entitled. DEMAND FOR JURY TRIAL 34. Plaintiff demands a trial by jury of any and all issues triable of right before a jury. Such other and further relief in law or in equity to which AVS may be justly

Dated: February 25, 2014

Respectfully submitted, /s/ Demetrios Anaipakos Demetrios Anaipakos Texas Bar No. 00793258 danaipakos@azalaw.com Amir Alavi Texas Bar No. 00793239 aalavi@azalaw.com Brian E. Simmons Texas Bar No. 24004922 bsimmons@azalaw.com Kyril V. Talanov Texas Bar No. 24075139 ktalanov@azalaw.com AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING P.C. 1221 McKinney Street, Suite 3460 Houston, TX 77010 Telephone: 713-655-1101 Facsimile: 713-655-0062

T. John Ward, Jr. Texas Bar No. 00794818 jw@wsfirm.com Wesley Hill Texas Bar No. 24032294 wh@wsfirm.com WARD & SMITH LAW FIRM 111 W. Tyler Street Longview, TX 75601 Telephone: (903) 757-6400 Facsimile: (903) 757-2323 ATTORNEYS FOR PLAINTIFF